Automobile accident (hit and run)
yesterday while driving to work,my car's left side window hit a pedestrian on his right elbow . i stopped immediately and asked if he got any injury. he stated to have some pain but otherwise he was not complaining. since i am a doctor i asked him to come with me to the hospital and get himself checked out which he refused though i asked him several times.
i went to work and later he came to my workplace stating he was in serious pain, i advised him to get medication stat and offered to pay for his treatment which he declined as he was running late for his work . 1 hr later he again came to my workplace
i checked his stated injured hand, there was no bruising , no swelling , no laceration , no crepitus though he was insistent that he was in a lot of pain, hence i gave him a prescription for pain medications and asked him to get the drugs from a nearby pharmacy and said he do not need to pay as i will cover the expanse and asked him to do an x-ray and provide me with the fee recipe and i will pay him the required sum. also i offered to pay for further treatment regarding his current injury.
today morning he called me and asked for money which i declined as he was not willing to provide the details of his expenditure and also tried to intimidate me by going to police and filing a case against me .
i would like to know the following :
1) does he even has a case against me ,since there is no proof of even simple injury let alone grievous injury
2) if he files a case against me will it hamper my carries as i am pursuing post graduation
3) will i lose my driving licence (i just got it after passing a practical driving exam)
4)what should be my approach in this case from now on,,
Asked in Criminal Law from Tezpur, Assam
1. There is no case standing against you since there has been no injury at all,
2. Moreover, there is no evidence of any of your misdeed to implicate you,
3. Make sure you refute any charge levelled by him in future claiming that he is levelling false charges to extract money from you,
4. For such accidents, there shall have to be police case which is filed after lodging FIR against crime committed. Rash driving causing accident and injury is an offence. Hitting someone unknowingly while opening door is no cognisable offence,
5. No case will stand against you, if filed by him for the said accident,
6. Neither you will loose your driving license nor your PG study will get affected with this incident,
7. Your approach should be to go to denial mode about the incident and to react according to the step taken by him.
well , the car was still on the move,, it was a narrow road and i was driving at 2nd gear about 20-25 km/hr speed.
still my father asked him to come to a specific laboratory to undergo radiological examination.
i was thinking of your said denial mode but i am not sure if its legally correct.
there were also people around that time (4or 5) but nobody noticed anything until we started to argue on the street .
so denial is the best policy for me right now ?
Asked 2 years ago
1. This is a common tactic employed by the injured in road accidents to extort money.
2. He can file a case for rash driving and hurting him against you but you need not worry as you will be given a chance to defend yourself. The court will not accept his case on the face value.
3. Nothing adverse will happen to your career as you have not committed a murder.
4. Driving license cannot be cancelled.
5. The next time he calls you for money tell him to go and file the case if he wants to. Refuse to pay any compensation.
1. Refuse to own any liability to compensate this man.
2. Let him go to court if he wants to.
1. You are thinking whether it is morally correct or legally correct?
2. Since there is no evidence of the incidence and also that the victim did not report the mater to the police which he should have done legally, then it is perfectly legal to seek evidence in support of his allegation and deny and dispute whatever he alleges save and except what are in records,
3. If you go morally, take him to local laboratory personally, get him exemined thoroughly and bear all his expenditure since you have illegally caused injury to him without any of his fault,
4. You can take both legal and moral ways as suggested above.
Since there is no external injury to be proved, so if he files a police complaint, let him do so. The police will get him examined and will register FIR. On the other hand, you could file a case of criminal intimidation if he calls and gives you threat that either you pay or he will file a complaint. there you could deny any involvement in an accident, etc.